Articles Posted in Defective Product

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Personal Injury LawyersA couple weeks ago, another Huntsville lawyer bragged on social media about the number of 3M earplug cases he signed. He posted on multiple social media platforms about his large number of clients and then solicited for more clients. While that lawyer is marketing for these cases, he’s really not handling them. He’s simply signing cases to refer. He’s signing and referring them to a law firm far away from Huntsville – A firm that likely never knows the client and likely never works the local evidence. If you are going to promote yourself as handling a specific type of case, make sure you really do handle those cases. At a minimum, you should probably be admitted to the court where those cases are actually pending!

When it comes to large-scale claims involving defective products or medications, you need an attorney who is actively involved in the court and litigation process. The products can be complicated. Your attorney needs to know more than the talking points to sign clients. He or she needs to know the science and experts behind the products. The legal process can be complicated. Your attorney needs to understand the courts where the claims are pending. Your attorney should be admitted to practice in those courts. He or she needs to understand the legal doctrines that can easily ruin a good case. The medical evidence can be complicated. Your attorney needs to be experienced in developing medical evidence and familiar with the local medical specialists.

Over the years, I’ve received literally hundreds of phone calls from people upset because their case went to some out-of-state law firm where they were simply a number. After a period of time, they realized something was wrong and they were not getting personal service. Nobody personally argued for them in court. Nobody personally prepared their evidence and claims. They started looking locally and then called to ask questions. By the time they called, it was usually too late to fix the damage caused by the huge settlement mill firm that had their case.

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Alabama Accident & Injury LawyersI recently read an article which indicated almost 2/3 of all injured plaintiffs in mass tort cases were unhappy. That’s no surprise! Many of these individuals suffered very serious injuries only to be lost in a system that treats them like numbers rather than people. The article discusses a study by Georgia Law Professor Elizabeth Burch and Federal Judicial Center visiting scholar Margaret Williams.

What is a mass tort? I’ll use the ongoing Zantac injury claims as an example. Zantac was a drug distributed across the United States for many, many years. You could even buy Zantac without a prescription for many years. The claim is that Zantac is defective and causes cancer. You have a common product used by everyone. But, the injuries (cancer in this case) are unique. Every person suffers uniquely and individually. Our office has filed several Zantac personal injury claims. Each of our clients is unique and deserves individual attention.

How are these mass tort claims handled? Our Federal Courts will typically assign the cases to a single judge for pre-trial purposes like discovery. The idea is that it saves time and resources for a single judge to oversee all pre-trial issues. Once your individual claim is ready for trial, it will be transferred back to the Federal Court where you filed the case. You get a trial on your unique injuries and damages. At least, in theory, that’s how it is supposed to work. The process is called Multi-District Litigation (MDL).

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Huntsville Accident & Injury LawyersA successful trial lawyer recently published an article arguing the mass-tort system is badly in need of reform. It’s a good article. He’s right. The system absolutely needs reform.

What is the mass tort system? If you are not a lawyer, you may be asking this question. Look at this way. If you suffer an Alabama car accident injury, you may have a claim against the negligent driver. If you suffer an Alabama workplace injury, you may have a claim against your employer for workers’ compensation benefits. You file your individual claim against a specific defendant in Alabama and the court decides the issues. If you suffer an injury from a bad drug or defective medical device, the concept is similar but on a different scale. You make an individual claim against the company which made the defective product. It’s you versus the drug company. We have filed many of these defective drug and device cases in Federal Court.

The difference is the number of other claims. With a bad drug or defective medical device, hundreds or thousands of people across the United States may have suffered a personal injury. Your injuries and damages are unique. No two people suffer exactly the same. But, all the cases do have a lot of similar issues related to the product. The idea is that it is more efficient for a single judge to handle pre-trial issues where all the injured parties are trying to learn this information. So, Federal Courts will assign a single judge to oversee pre-trial motions and discovery. After the claims are fully investigated and prepared, they are sent back to the local judge for your individual trial. You end where you started — You versus the drug company.

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Personal Injury Lawyer In HuntsvilleYou’ve seen and heard all the lawyer promises. From billboards to television, they ask you to call. Some of them even yell their requests. It’s really a terrible way to find a good personal injury lawyer. Instead, you should research your options. Talk to people you trust. Look for an attorney who will work hard to prepare your case.

For the last few weeks, I’ve been discussing several ways settlement mill law firms harm their clients. Settlement mills are those law firms that mass advertise for a volume of cases that can be quickly settled. For them, it’s not about the client relationship. It’s not about building a case for its maximum value and recovery. It’s all about volume.

In recent posts, I discussed the secret arrangements many advertising lawyers have with a specific chiropractor. Like an assembly line, clients are referred to a specific chiropractor who runs up medical bills. In the end, the client suffers. How? These clients do not get the real treatment needed. And, at the end of the case, they are left paying their settlement money to the chiropractor. I’m not attacking all chiropractors or lawyers – just the ones involved in this terrible practice.

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In May 2020, I wrote a post that asked: Does vaping increase the risk of coronavirus? In that post I discussed emerging research indicating vaping might actually worsen medical problems from Covid-19.

Scientists continue to explore connections between vaping and the coronavirus. Local television channel WZDX recently aired a report on this issue. I want to continue updating my initial post as new research is discussed:

https://youtu.be/wWjyMEdHdq4

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Alabama Accident & Injury LawyersWe trust our medications are safe. They should be. After all, the medications we use are approved by the Food & Drug Administration (FDA). Yet, some prescription medications cause tremendous personal injuries or deaths to patients. In some cases, drug companies withhold research or even mislead the FDA into approving their products. When that happens, doctors and patients only learn the truth after years of needless suffering.

In recent years, we’ve learned that some common medications may actually cause cancer. I’ll give three recent examples of popular medications linked to cancer — two from current investigations by our firm and one from a prior case. With some medications, we must ask: Does the harm of some medications far outweigh their benefit?

Belviq (Current Cases)

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Alabama Accident & Injury LawyersWe are closely following developments in the Zantac (Ranitidine) injury litigation. In recent months, our office has started investigating numerous potential cancer injury cases involving the drug.

What makes Zantac dangerous? How is Ranitidine (as Zantac is known generically) linked to numerous cancers? For detailed information, you can read a couple articles I’ve written on the drug and its link to cancers. You can find them here:

  • Zantac Cancer Lawsuits – You can find this article in the Hot Topics section of our law firm website. It is a lengthy article where I discuss the drug, how it works and its association with potential cancer. As I discuss in the article, Zantac contains NDMA which is a highly carcinogenic compound.
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https://www.alabamainjurylawyer-blog.com/wp-content/uploads/sites/122/2020/05/Screen-Shot-2020-05-20-at-10.15.14-AM-300x300.pngJohnson & Johnson announced this week it will stop selling talc-based baby powder. The company claims the decision is due to declining demand for the products. Johnson & Johnson does have a cornstarch-based product that will continue to be sold.

Johnson & Johnson currently faces thousands of cancer injury lawsuits related to its talc baby powder products. In addition to thousands of personal injury lawsuits, the company is also being jointly investigated by multiple states. Why? These states are investigating whether the company was honest in marketing the safety of its talcum powder products.

In April, the Federal Judge overseeing more than 16,000 talc-powder lawsuits, rejected Johnson & Johnson’s legal effort to exclude the testimony of plaintiffs’ expert witness. That ruling clears the way for these lawsuits to proceed to trial or settlement.

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Huntsville Personal Injury Lawyers

Weight Loss Drug Health Risks

Does the drug Belviq cause cancer? Are patients being injured by this medication? Recent research casts a big shadow over this drug. We are closely watching current developments.

What Is Belviq? Why Was It Marketed?

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Alabama Bad Drug Injury AttorneysOn April 1, 2020, the U.S. Food & Drug Administration (FDA) requested that manufacturers withdraw ALL prescription and over-the-counter ranitidine drugs immediately. Here is how the FDA began its announcement:

The U.S. Food and Drug Administration today announced it is requesting manufacturers withdraw all prescription and over-the-counter (OTC) ranitidine drugs from the market immediately.

What is ranitidine? You may know this medication as Zantac, its brand name.

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